Costello v. Johnson

AKIN, Justice.

This is an appeal by Joe Costello from a summary judgment granted plaintiffs, Robert W. Johnson and Marcia Johnson. Costello contends that the judge erred in granting summary judgment because the record does not show that the notice requirements of TEX.R.CIV.P. 166-A were met. In this respect, he argues that, when his attorney of record withdrew after the opposing attorney had served upon him the motion for summary judgment, the John-sons had the burden of showing receipt of notice of the motion and hearing by Costello. We hold that, when a party complies with TEX.R.CIV.P. 21a…